1 2025:CGHC:61069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10333 of 2025 Ganesh Nayak S/o Ramnath Nayak Aged About 40 Years R/o Village Bhalihajor, District Kalahandi (Odisha) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Devbhog, District Gariyaband (C.G.) ... Respondent(s) For Applicant(s) : Ms. Pooja Yadav, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.12.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 133/2025 registered at Police Station – Devbhog, District AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Gariyaband (C.G.), for the offence punishable under Section 20(b) (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution is that on 16.05.2025, as per secret information, the Police of Police Station Devbhog, District – Gariyaband seized 56.660 Kgs of Ganja from the joint possession of applicant and other co-accused persons, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 16.05.2025. She further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. She also submits that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 56.660 Kgs of Ganja recovered from the joint possession of the applicant and other accused persons, which is much above the commercial 3 quantity as notified under the NDPS Act and as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the contraband articles i.e. 56.660 Kgs of Ganja recovered from the joint possession of the applicant and other accused persons is much above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, it cannot be a case of false implication, particularly when the trial is in progress. 7. Accordingly, the bail application of the applicant – Ganesh Nayak, involved in Crime No. 133/2025 registered at Police Station – Devbhog, District Gariyaband (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Akhil